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NEWKIRK v. LULEJIAN

No. 87-1140.

825 F.2d 1581 (1987)

Mark C. NEWKIRK, Appellant, v. Donald A. LULEJIAN, Alphonse W. Faure and Eugene F. Fijalkowski, Appellees.

United States Court of Appeals, Federal Circuit.

August 12, 1987.

Attorney(s) appearing for the Case

Michael P. Abbott, of Seidel, Gonda, Goldhammer & Abbott, Philadelphia, Pa., argued, for appellant. With him on the brief was Gregory J. Lavorgna, of Seidel, Gonda, Goldhammer & Abbott, Philadelphia, Pa.

John W. Logan, Jr., of Ferrill and Logan, Willow Grove, Pa., argued, for appellees. With him on the brief was David J. Johns, of Ferrill and Logan, Willow Grove, Pa.

FRIEDMAN, Circuit Judge, BALDWIN, Senior Circuit Judge, and NEWMAN, Circuit Judge.

PAULINE NEWMAN, Circuit Judge.

The decision of the United States Patent and Trademark Office Board of Patent Appeals and Interferences, awarding priority of invention in Interference No. 101,000 to Donald A. Lulejian et al., inventors of the subject matter claimed in U.S. Patent No. 4,313,750, is affirmed.

OPINION

Count 1, the only independent count, is representative:

1. A camless electronic glassware conveyor delivery apparatus having...

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